Local & Regional
10:16 am
Fri December 24, 2010

Ruling Appealed

Tulsa, oK – TULSA, Okla. (AP) Tulsa County prosecutors are appealing a judge's decision not to order a trial for a woman accused of killing her infant son by tying a blanket around his head to keep a pacifier in his mouth.

Janette Mickelboro was charged with first-degree murder in the Aug. 20 death of 3-month-old Hunter Warner. Special Judge Allen Klein determined that the state didn't present enough evidence to bind Mickelboro over for trial on a first-degree murder count. A hearing is set for Jan. 11.

The Tulsa World reports that assistant district attorney Sarah McAmis appealed Klein's Dec. 17 ruling on Wednesday. Prosecutors alleged that Hunter died because his mother tied the blanket around his head, face and mouth.

Mickelboro's attorney, Marny Hill, described the death as an "unfortunate and tragic accident."

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Information from: Tulsa World, http://www.tulsaworld.com